ACSBlog: The Blog of the American Constitution Society

A purely political process has placed 370 individuals and 112 organizations on a watch list that subjects them to a world-wide asset freeze and travel ban, the Economist reports. Unlike the better known terrorist watch list maintained by the U.S. government, this terrorist watch list is run by the United Nations.

Getting on the UN's list requires a unanimous vote by the Security Council's Sanctions Committee. Getting off the list requires the committee's approval, with the burden of proof on the petitioner. This has created a legal conflict with the European Union.

The EU maintains a watch list, but requires everyone on it to be convicted of a terrorist-related offense (or be subject to prosecution) and be able to challenge the charges. Two cases before the European Court of Justice have challenged the supremacy of the UN Charter over all other laws, with one judge writing an advisory opinion that concluded that where fundamental values are at stake, the European Court may be able to annul the Security Council's measures. A ruling is expected this summer.